Miscellaneous
Forensics

Dog Scent Evidence

Orange County, CA

Earl Rhoney

Jan 20, 1994 (Irvine)

Earl Henry Rhoney IV was convicted of the murder of
46-year-old Patricia Lea Pratt. Pratt was beaten and strangled during
a burglary at her home in the upscale Turtle Rock neighborhood of Irvine,
CA. Rhoney had committed a burglary with six other teenagers about a
mile from the Pratt residence more than a week prior to the murder. He
was arrested for it two weeks after the murder. Eight months later,
police followed Rhoney with a bloodhound upon Rhoney's release from juvenile
hall for the prior burglary. Police had given the bloodhound, named
Duchess, material extracted from Pratt's sweatshirt to sniff and videotaped
the dog allegedly tracking the scent of Pratt's killer. The scent
material was removed from the sweatshirt using a Dustbuster type device that
was called a Scent Machine. This device was patented by the dog's
handler, Larry Harris.Read More by Clicking Here

Orange County, CA

James Ochoa

May 22, 2005

James Ochoa was accused of a robbing two victims of $600 and
stealing their Volkswagen Jetta after a bloodhound followed a scent from a
swab of the perpetrator's baseball cap to his front door. The victims also
identified Ochoa. Ochoa had five family members to confirm his alibi. Nevertheless, against his attorney's advice, he pleaded guilty to the crime
in exchange for a two-year sentence after Judge Robert Fitzgerald threatened
him with a life sentence if a jury found him guilty. DNA tests exonerated
him and implicated an unknown male. Ochoa was released after a DNA match
was found in Oct 2006 to a man entering the Los Angeles County Jail on an
unrelated carjacking charge. After Ochoa applied for compensation for his
wrongful conviction under California law, the state attorney general opposed
Ochoa's claim, by stating that Ochoa contributed to the wrongful conviction
by voluntarily pleading guilty. (IP)
(L.A. Times)

Brevard County, FL

William Dillon

Aug 17, 1981

William Dillon was convicted of the murder of James Dvorak. Dvorak was found murdered at Canova Beach. He had been beaten to death and
left in a wooded area, an apparent homosexual meeting place near the beach. A motorist, John Parker, had picked up a hitchhiker near the scene of the
crime and drove him to a tavern three miles away. Along the way, Parker
stopped his truck and performed oral sex on the hitchhiker. After dropping
off the hitchhiker, Parker found that his passenger had left behind a bloody
yellow T-shirt which he disposed of in a trash can near a grocery store. After he saw a news story about the murder, he called police, and police
recovered the T-shirt.Read More by Clicking Here

Brevard County, FL

Wilton Dedge

Dec 8, 1981 (Sharpes)

Wilton Dedge was convicted of raping a 17-year-old girl and
sentenced to life plus 30 years. The victim identified Dedge in court, but
she originally told police that her assailant was 6 feet tall, weighed 200
lbs. and had a receding hairline. Dedge is 5 feet 6 inches tall, weighed
125 lbs., and still has a full head of hair. In addition, a prison
informant testified that Dedge had confessed to the crime. In exchange for
his testimony, the informant got a 120-year reduction in his sentence and
his wife got a truck that was confiscated by the state. The conviction was
also based on microscopic hair analysis, and scent identification by a dog
that performed a scent lineup. Six defense witnesses testified that Dedge,
an auto mechanic, was working at a garage nearly 45 minutes away at the time
of the crime. DNA tests exonerated Dedge in 2004. In Dec. 2005, the
Florida legislature awarded Dedge $2 million for 22 years of wrongful
imprisonment. (IP)
(JD)
[10/05]

Brevard County, FL

Juan Ramos

Apr 23, 1982 (Cocoa)

Juan Florencio Ramos was convicted and sentenced to death for
the rape and murder of 27-year-old Mary Sue Cobb. A bloodhound, which had
been given the opportunity to smell Ramos's scent, was put into a room with
five knives and five blouses. The dog stopped at the knife and blouse that
had been involved in the crime. Later it was learned that only the knife
and blouse involved in the crime had blood on them, proving only that the
bloodhound was drawn to blood. In addition, five days after the initial
identification, the dog failed to replicate the identification. The
prosecution also presented a jailhouse informant who for his testimony was
allowed to serve two years on a conviction for which he faced up to 70
years. The Florida Supreme Court overturned Ramos's conviction after ruling
that the bloodhound evidence was thoroughly unreliable. On retrial, Ramos
was acquitted of all charges. (PC)
(FLCC) [7/05]

Ear Print Evidence

Clark County, WA

David Kunze

Dec 16, 1994

David Wayne Kunze was convicted of murdering his ex-wife's
fiancé, James W. McCann. Kunze was convicted solely on the basis of an
alleged ear print left on a door in the victim's house. In 1999 an appeals
court reversed his conviction because of the unreliability of ear print
evidence. After Kunze was released on $500,000 bail in Aug 2000, Kunze's
second trial ended in a mistrial, and prosecutors declined to retry him a
third time because of a lack of evidence. (Forensic) (State
v. Kunze) [10/05]

England (Leeds CC)

Mark Dallagher

May 7, 1996

Mark Dallagher was convicted of the murder of 94-year-old Dorothy Wood. Wood was found dead at her home on Whitby Avenue in Huddersfield. She
had been smothered with a pillow. A burglar had entered the home
through a transom window above her bed. Wood was profoundly deaf and slept downstairs because of a heart condition.

Ear prints were found on the glass immediately below the transom. West
Yorkshire police sent these prints along with prints of Dallagher's ears to Cornelis Van der Lugt, an alleged ear print
expert. Police suspected Dallagher might be the culprit because he was a small-time burglar who
lived in the area. Van der Lugt was Dutch police officer for 27 years
and a lecturer at the Dutch Police College. He had no formal
qualifications, but he had become interested in ear print identification and
read what was available on that topic. He had built up a portfolio of
about 600 photographs and 300 ear prints.

At trial, Van der Lugt testified that he was
“absolutely convinced that
the prints of [Dallagher's] left ear were identical with the prints of the
left ear on the window.” Another Crown expert, Peter Vanezis,
considered Van der Lugt to be the ear print expert in the world, and
testified that “it was very likely that it was this defendant who made those
prints,” although he could not be one hundred percent certain. Vanezis
was Regius Professor of Forensic Medicine and Science at the University of
Glasgow.

Following Dallagher's conviction, two other criminal convictions that
relied on ear print evidence were overturned, one in the
U.S. (David Kunze), and another in the Netherlands. Both relied on Van
der Lugt's testimony. In 2002, an
appeals court also overturned Dallagher's conviction because it found fault with
the manner in which the experts expressed their opinion of Dallagher's
guilt. Following the reversal, an initial report given by Van der Lugt
surfaced in which he stated that the ear prints found on
Wood's window were definitely not those of Dallagher. The words
“definitely not” were underlined twice.

A retrial for Dallagher began in 2003, but it was halted after 10 days
as the prosecution sought to gather additional evidence. However,
additional evidence was not forthcoming and DNA tests of the ear prints
showed they did not belong to Dallagher. As a result, charges against Dallagher were
dropped in 2004. He was released from imprisonment after serving seven years
of a life sentence. (Innocent) (Forensic-Evidence)
[11/09]

Foot Impressions

Ontario, Canada

Dimitre Dimitrov

Feb 21, 1996 (Vanier)

Dimitre Dimitrov was convicted in 1999 of
murdering his friend and landlord, Hristo Veltchev, 37. Veltchev's body was
found in a public parking lot, stuffed in the trunk of his car. Evidence
indicated that he had been bludgeoned to death in the garage of his house. Dimitrov's conviction was based on expert testimony that his feet matched
impressions found inside a pair of bloody boots at the victim's house. The
boots were found in a front hall closet in the house. The closet was used
by all the boarders of the house including Dimitrov. Apart from the
expert's testimony, there was no evidence Dimitrov owned or had worn the
boots. A retrial was ordered in 2003 after a court ruled that the
impression evidence was inadmissible to establish positive identification
unless it was accompanied by corroborating evidence. At retrial in 2004,
DNA test results were presented, which showed that the blood on the boots
belonged neither to the victim, nor to Dimitrov, nor to anyone else known to
have entered the house. Dimitrov was acquitted. He had spent 4 1/2 years
imprisoned. (JD)
[5/08]

Handwriting Analysis

Fulton County, GA

William Broughton

Feb 22, 1900

(Federal Case) After receiving a letter he considered
obscene, the City Solicitor of Atlanta, Nash R. Broyles, turned it over to
Federal Authorities. The letter reflected pointedly on Broyles' moral
character. It was signed Grant Jackson, so a man named Grant Jackson was
arrested as well as William Broughton who was considered by authorities to
be a close friend of Jackson and of necessity involved in whatever mischief
Jackson might be involved. Broyles had sent both Jackson and Broughton to
jail at various times for a variety of misdemeanors. Both Jackson and
Broughton denied writing the letter or having any knowledge of it.Read More by Clicking Here

New York County, NY

Oscar Krueger

Dec 10, 1910

(Federal Case) Oscar Krueger was convicted of sending an
obscene letter based in part on handwriting analysis. Following his
conviction and his letters of protest to various officials, an Assistant
United States Attorney reinvestigated the case and concluded Kreuger was
innocent. Based on the attorney's recommendations, U.S. President Taft
pardoned Kreuger and he was released after serving nearly a year of
imprisonment. (CTI)
[10/08]

Pickaway County, OH

Paul Freshour

Feb 1983 (Circleville)

Paul Freshour was convicted of the attempted murder of his
sister-in-law, Mary Gillispie, a school bus driver. In 1976 Mary received a
letter in the mail telling her that the letter writer was aware that she was
having an affair with the superintendent of schools and that it had better
stop. The letter also contained the threat, “I know where you live. I've
been observing your house and know you have children. This is no joke. Please take it serious.” The envelope was postmarked Columbus, Ohio. There
was no return address, no signature inside, no way to tell who sent it.Read More by Clicking Here

Lip Print Evidence

Kane County, IL

Lavelle Davis

Dec 18, 1993 (Elgin)

Lavelle L. Davis was convicted of murdering Patrick “Pall
Mall” Ferguson. Ferguson was killed outside an Elgin apartment complex
with a single shotgun blast at close range. Davis's first trial ended
in a mistrial after a key eyewitness said she was backing off testimony she
gave at the earlier trial of a co-defendant. At Davis's second trial, the
woman said she was finally coming forward with the truth – that she saw him
shoot Ferguson. Even Prosecutor Alice Tracy called the woman “an
admitted liar” during the second trial. A crime lab examiner, Stephen
McKasson, testified that Davis's lips matched lip prints left on duct tape
found near the scene of the slaying. The prosecution theorized that
Davis left his lip prints on the sticky side of the tape while demonstrating
to others what he was going to do if Ferguson started to scream.

For some jurors in Davis's trial, including Doris Gonzalez,
the lip print evidence was convincing--much more than the witnesses called
by both sides who she said “were not very truthful people.” However,
following conviction, other forensic experts of weighed in. Andre
Moenssens, the author of a book on forensics said the use of lip print
evidence amounted to “pure speculation and unadulterated conjecture.” Ronald Singer, the president of the AAFS, the nations chief forensic society
said, “At this stage of the game, you can put ear prints and lip prints and
nose prints and elbow prints all in the same category – unverified and
unvalidated.” In Mar. 2006, Davis's conviction was overturned and he
was granted a new trial. Charges against Davis were dropped in 2009.
(Chicago
Tribune) (Forensic-Evidence)
[3/08]

Video Analysis

Los Angeles County, CA

Jason Kindle

Nov 22, 1999

Jason Kindle was convicted of the armed robbery of an Office
Depot store where he worked as a janitor. The store was located at
2020 S. Figueroa Ave. A thief had robbed it of $15,000 in cash and
$7,000 in checks. Following the robbery, Kindle continued to work at
the store for seven weeks without his fellow employees pointing a finger at
him. After police detained him in the store, letting everyone know he
was a suspect, five employees identified him as the robber from a police
photo lineup. At trial the prosecution presented a “things to do” list
that Kindle says he compiled during a training session on working as a
janitor. The prosecution contended the list was a “recipe for
robbery.” Judge Lance Ito refused to order a retrial after learning
that items on the list were janitorial tips.

An appeals court ordered a new trial because Kindle's counsel
failed to introduce an expert on witness IDs. An analysis was
performed on a videotape of the robbery, which showed that the perpetrator
was 6'6" tall. Kindle was only 6' tall. The DA declined to retry
the case. Kindle served 2 years of a 70 years to life sentence given
under the three strikes law.

Los Angeles County, CA

Juan Catalan

May 12, 2003 (Sun Valley)

Juan Catalan was charged with the murder of 16-year-old Martha
Puebla. Puebla had testified against Catalan's brother in another
case. Catalan insisted that he was watching the Los Angeles Dodgers
with his six-year-old daughter at the stadium minutes before Puebla was
killed about 20 miles north of the stadium. He said he had ticket
stubs from the game and testimony from his family. However, police
said that they had a witness who placed Catalan at the scene of the crime.

Catalan's attorney, Todd Melnik, subpoenaed the Dodgers and
Fox Networks, who owned the team, to scan videotape of the televised
baseball game and footage from its “Dodger Vision” cameras. Some of
the videotapes showed where Catalan was sitting but Melnik could not make
him out. Melnik later learned that HBO had been at the stadium the
night of the killing to tape an episode of the TV show Curb Your
Enthusiasm. The attorney found what he was looking for in footage
that had not made the final cut. “I got to one of the scenes, and
there is my client sitting in a corner of the frame eating a hot dog with
his daughter,” Melnik said. “I nearly jumped out of my chair and said,
‘There he is!’”

The tapes had time codes that allowed Melnik to find out
exactly when Catalan was at the ballpark. Melnik also obtained cell
phone records that placed his client near the stadium later that night,
about 20 minutes before the murder. The attorney said it would have
been impossible for Catalan to get out of the parking lot, change vehicles
and clothing, and play with his daughter as well as kill Puebla during that
span.

Catalan, who could have been sentenced to death had he been
convicted of murder, was released after 5 1/2 months of imprisonment because
a judge ruled there was no evidence with which to try him. (CBS)
[7/07]

Santa Clara County, CA

Michael Hutchinson

Oct 25, 1998 (Milpitas)

Michael Hutchinson was convicted of the robbery of a Milpitas
7-Eleven store. After the robbery, the clerk who was on duty told the
store manager that his friend had robbed the store. With a local
police officer, the store manager reviewed a video/audio surveillance tape
of the robbery. The manager expressed surprise that the robber
appeared to be Michael Hutchinson. The officer agreed that the robber
appeared to be Hutchinson. Both had known Hutchinson since childhood. The robber wore a stocking mask, so it is not clear what basis the two men
used to recognize him. The clerk identified Hutchinson in a photo
lineup and at trial. At trial, the manager and the officer identified
Hutchinson from the surveillance tape, although the officer expressed
uncertainty. Hutchinson was sentenced to 11 years in prison.

Hutchinson's appeals attorney thought the robber on the
surveillance tape was too small to be Hutchinson. In 2001, he sought
funds from an appeals court to scientifically analyze the tape but was
denied. However, the San Jose Mercury News had the tape
analyzed and the analyst concluded that the actual robber is several inches
shorter than Hutchinson. A frame photo of the robber leaving the store
with a height overlay added to the door shows that the robber could not be
more than 5'8" tall. Hutchinson is 6' tall.

In 2006, a federal court overturned Hutchinson's conviction. The prosecution planned to retry him using his apparently hostile ex-wife as
a identification witness. Rather than face retrial, in 2007 Hutchinson pleaded to a time-served deal. (Tainted
Trials (with robber photo)) (Mercury
News) [1/08]

Wayne County, MI

Dominique Brim

Apr 15, 2002 (Lincoln Park)

A security guard at the Sears store in Lincoln Park stopped a
woman leaving the store on April 15, 2002 with $1,300 in unpaid merchandise. In an attempt to get away, the woman severely bit the guard. After
being arrested, the woman was taken to a police station where she told
police her address, her phone number, that she was 15-years-old, and that
her name was Dominique Brim. She was allowed to leave without being
booked.

Two weeks later, 15-year-old Dominique Brim was charged with
retail fraud and felony assault. She claimed she had not been at the
store on April 15 and that she had not been arrested. In court,
several Sears employees, including the security guard, identified her as the
person who was apprehended and who bit the guard. The judge did not
believe Brim's mistaken identity defense and convicted her on both counts.

However, Brim's vehement claim that she was the wrong person
did impress Sears officials enough to review their store videotape of the
April 15 incident. They discovered that Brim was not the
person who was involved in the incident. After the prosecutor and
Brim's lawyer were contacted, the judge vacated her conviction before she
was sentenced. The woman on the tape was later identified as Chalaunda
Latham. She was not 15-years-old, she was 25. Latham was able to
pass herself off as Brim because she was a friend of Brim's sister. Prosecutors decided not to charge Latham because the Sears employees had
already given sworn testimony that Brim was responsible for the theft and
security guard assault. (Justice:
Denied) [3/07]

Bexar County, TX

Kia Johnson

Oct 29, 1993 (Balcones Hts)

Kia Levoy Johnson was sentenced to death for the shooting
murder of William Matthew Rains. Rains, a store clerk, was shot during
a 2:45 a.m. robbery of a Stop 'N Go convenience store at 3309 Hillcrest Dr.
in Balcones Heights, Texas. The assailant was unable to open the cash
register and took it with him. The details of the crime were captured
on video by a store security camera.Read More by Clicking Here

Jamaica

Dixon & Sangster

Sept 18, 1996

“Randall Dixon and Mark Sangster were wrongly convicted on
July 9, 1998 of murdering a policeman during the robbery of a a Western
Union branch in Spanish Town, Jamaica of $18 million in September 1996. Their convictions were based on their identification in a line-up by two
policemen who witnessed the robbery. Sangster was sentenced to life for
non-capital murder, and Dixon was sentenced to death by hanging for capital
murder. After their convictions the men learned that the prosecution had
failed to disclose to them that they did not appear on the film of the
robbers recorded by a security camera in the Western Union branch. Eyewitnesses saw four robbers, and neither man was among the four robbers
captured by the security camera. The men appealed their convictions to the
Privy Council in London, which is the highest court of appeal for Jamaica,
and on October 7, 2002, their convictions were set aside and their sentences
were quashed. On October 8, 2003, Jamaica's Court of Appeal ordered
judgments of acquittal for both men and they were released after seven years
of wrongful imprisonment. In 2005 the men sued the government of Jamaica
for false imprisonment, malicious prosecution, breach of their
constitutional rights and for exemplary and aggravated damages. In October
2007 Mark Sangster was awarded $13,450,500, and Randal Dixon was awarded
$13,192,500. [$71 Jamaican = $1 U.S. in 2007]” –
FJDB (Jamaica
Observer)

England (Luton CC)

Nico Bento

Dec 13, 2005 (Bedford)

Amilton Nicolas Bento (aka Nico),
a Portuguese immigrant, was convicted of the murder of his 26-year-old
Polish girlfriend, Kamila Garsztka. The alleged crime occurred in Bedford, England
in or near the River Great Ouse. A CCTV security camera caught Garsztka
walking alone on the embankment of the river toward Priory Lake which adjoined the river. Garsztka's
coat, scarf, and shoes were found by the river bank about an hour later. Bento reported Garsztka missing and pestered police to step up their search
for her and keep him informed. He told police Garsztka had left her
handbag in his apartment, which police later retrieved. Seven weeks
after she went missing, canoeists found her body floating in Priory Lake.Read More by Clicking Here